Dean Gethers, 45, was charged with two counts of forcible sodomy, two counts of aggravated sexual battery and indecent liberties with a minor. Hampton Circuit Court Judge Bonnie Jones nolle prossed all the charges against Gethers following a motion from Sheree Konstantinou, deputy commonwealth's attorney.

"After reviewing the evidence in the case and speaking to multiple witnesses, I don't feel the evidence is sufficient," Konstantinou said.

Gether's charges stemmed from allegations of sexual assault against a female minor between 2002 and 2012.

Hampton Deputy Public Defender Ben Pavek asked that the charges be dismissed against his client instead of nolle prossed. Under a nolle prosse, charges are dropped, but can be brought back if more evidence is discovered. Pavek said that by dismissing the charges instead of nolle prossing them, it would give Gethers, a father of six, a better shot at getting employed.

"These nine months have torn him up," Pavek said. "He has never been away from his kids for nine months."

Konstantinou objected to his request.

"I don't feel there are grounds for that," Konstantinou said. "Certainly no one is going out on a witch hunt … I don't know what new information could come to light by a third party."